The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-09-18
CHAPTER XXI.

Gardner's question as to the presence of Texar
among the assailants, he could only reply that
he had not himself seen him. We know in fact
that when John Bruce, Mr.. Harvey's messenger
had been asked if the Spsniard was one OF the
mob. the reply was he could not say.
'Tn any case no one doubt" added James
Burbank 'that this man Is solely responsible
for the crime He it was who melted the people
20 attack me, and had he had his way my house
would have been given to the flames. and de-
stroyed with it's last defenders His hand was
in all this, as it will be found to have been in
still more criminal act.
The witness offered no further evidence. Be-
fore dealing with the abduction it was best to
finish with the first charge
"And So" continued Colonel Gardner. 'you
saw that you only had share in the response
bility which lay on the committee in executing
their orderW
''That is so.'
"And you adhere TO your statement that you
were not at the head of those who attacked the
plantation"
81 do. You have not a single witness who
can swear he saw No, was not among the
brave citizens who executed the committees
orders. And may add that on that day was
absent from Jacksonville"
.'Yes, that is possible after ALL" said James
Burbank, who considered that it would be better
to rely on the second charge.
TT is true" said Texar.
But if you were not amongst the thieves at
Candies Bav" continued James Burbank, "you
were at Marine creek, waiting for the opportu-
nifty of committing another crime"
II was not at Marine creek" coolly answered
Texar. 'I was not at Jacksonville during that
day"
It will not have been forgotten that John
Bruce had told James Burbank that Texar had
not been seen at Jacksonville during the forty
eight hours from the I'd to the 4th Of March.
After this statement OF the Spaniard's. the
president of the tcourt-martial put to him the
following question:
eff Won were not at Jacksonville, where were
youl"
II will tell you when the time comes said
Texar. ''It is enough FOR me now to have proved
that L was not on the plantation during the at
tack And now, Colonel what is the next
charged"
Ard. with his arms crossed. he elared impu-
IDENTIFY at his accusers. and defed them to their
faces.
The charge was not long in coming, and Colo
mel Gardner put it in a way that made it diff
cult to meet
IF you were NOT at JackSOnVIllo, tHO charge
is that you were at Marine creek"
"At Marine creekl And what did do there"
'You carried away a child. Diana Burbank,
the daughter of James Burbank. and Zermah
the wife of half breed named Mars, here pres
ent. who was with the child"
'Ah! am charged with this carrying away"
said Texar. ir a tone of profound irony.
eyes. youw exclaimed James Burbank Gill
hart Mars al at once.
.'And why am accused if you please, and
not somebody elseg"
because you alone were interested in com
uniting this crime"
How interestedg'
''As an act of revenge on the Burbank family.
More than once before James Burbank had
prosecuted you. By pleading an alibi you es-
capped from justice; but you on many occasions
proclaimed an intention Of being revenged on
those who accused you"
''Be it So" said Texar. THAT between me
and James Burbank there is implacable
hatred do not deny; that 1 had an interest in
making him break his heart over his child do
not deny; but that did what you say is another
matter. Have you any witnesses who saw
mel"
Yes" said Colonel Gardner; and he called on
Alice Stannard to be sworn.
Miss StaLnard related what had passed at
Marine creek. She was absolutely certain as to
the facts. In coming from the tunnel she and
Mrs Burbank had heard the name shouted by
Zermah, and that name was Tears.
After stunt bling over the corpses of the MUIR
dered negroes she had run along the river bank
Two boats were pushing off In one were the
victims; in the 9th er Texar standing mp
right in the stern. And by the light of the fires
.; ahah Rod q a
Spsniard.
'You swear thatw asked Colonel Gardner.
ST swear it." answered Alice.
After this precise declaration there could be no
doubt of Texars guilt. But James Burbank and
the entire audience could not help observing
that the accused had not for a moment lost his
GOODNESS.
''What have you to say to the charge9" asked
the president Of the courtmartiaL
s"This" said the Spanard. 'I do not wish to
accuse Miss Stannard OF perjury. Nor do I ac-
cuse her of serving the hatred of the Burbank
family against me by affirming an oath that
am the author of a crime Of which never heard
till after my arrest. All say is that she is mis-
taken when she says she saw me in one of the
boats"
But if Miss Stannard was mistaken on that
point" said Colonel Gardner. "she cannot be
mistaken when she SAYS that she heard Zermah
cry, 'Helpl 1t isTexarp"
"Well," said the Spaniard. 'then if Miss
Stannard was not mistaken Zermah was, that
liz all"
''Would Zermah have shouted your name if
you were not therel
VERY likely. for 1 was not there, and I was
not even at Marine creek"
'That you must prove"
THAT is easy enough"
Another alibil" asked Colonel Gardner
Another" said Texar.
At this there a movement Of voices
amongst the audience, a murmur of doubt that
was not in favor OF the accused.
"Texar." said the Colonel, IF you plead an
other alibi. can you prove it2'
Easily. for have only to ask you ques-